The Site provides information about propper Maintenance’s services as well as general information about the real estate industry in Australia. It also allows you to provide personal information to us for the purpose of propper Maintenance contacting you to discuss and/or initiate the provision property maintenance services or any other services advertised on the Site, including property management by propper Pty Ltd (“Services”). Services provided by us to you are carried out by fully licensed and insured persons. General maintenance and repairs services, plumbing services and electrical services may also be covered by separate written agreements. These Terms, alongside any separate written agreement with you, constitute the entire agreement between you and us in relation to its subject matter. If there is any inconsistency between these Terms and our separate written agreement with you, the provisions of the separate written agreement will prevail to the extent of the inconsistency.
YYou must use the Services and Site for lawful purposes only. You may not use our Site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use of the Site. You are not permitted to use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Site. If you provide any content through the Services or Site, you agree that propper Maintenance has the right to distribute, publicly perform or display, review, modify, reformat, reject, remove, and create derivative works of any content which you upload, post, transmit or otherwise make available and propper Maintenance is not responsible for, and has no liability with respect to, any content uploaded, posted, transmitted or otherwise made available on the Services or Site by any person other than us. In providing the Services, we rely on complete, true and accurate information being provided to us. We will not be liable for any incomplete, false, incorrect, unlawful or inaccurate information provided to us by you. You agree not to make statements or create content via the Services or Site that is incorrect or likely to create a false impression or is or likely to be construed as misleading and deceptive behaviour by applicable consumer protection laws or real estate industry regulations. You will be solely responsible for all costs, losses or expenses suffered or incurred by propper Maintenance or any other user of the Services or Site as a result of incomplete, false, incorrect, unlawful or inaccurate provided by you. You must not provide anyone else's personal or confidential information including phone numbers, addresses and general information, without their express consent. You represent and warrant that you own or otherwise control all the rights to or have the relevant authority to provide the information to us, including personal information; that the information is accurate; that use of the information you supply does not violate any provision herein and will not cause injury to any person or entity (including any invasion of privacy); and that you will indemnify propper Maintenance for all claims resulting from information you supply to us. propper Maintenance reserves the right to verify all potential registrations in order to maintain quality of the Services and may contact you by telephone or email to verify that your registration information is accurate and correct before engaging. By providing a contact number, you are expressly authorising and consenting to receiving calls and electronic messaging from propper Maintenance, including direct contact on a Sunday. Crawling, spidering, scraping or any other activity that involves the extract of any content of or on the Site is prohibited. You may not provide unauthorised interfaces to any of our applications. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover source code or algorithms, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on, or functionality in, the Site. In using our Services and Site, you warrant and ensure that you shall be liable for and indemnify us against any and all losses, claims, costs and other liabilities caused or incurred by us as a result of or in connection with any breach of this clause 3 by you. We may suspend or decline to provide the Services where any part of the Services would breach any law or where we are of the reasonable opinion that you are not acting in good faith in using the Services or Site.
4. Intellectual Property
All intellectual property in relation to the Services and Site (including the content on the Site, the functionality of the Site and the software, design, text, data, algorithms, icons, logos, copyrights, designs, trade marks, concepts, sound recordings and graphics comprised in the Services or Site) (Intellectual Property) belongs to propper Maintenance or its licensors, advertisers, associated or related entities or affiliates from creation, including part-creation. propper Maintenance and its associated or related entities retain all rights, title, and interest in and to the Services and Site and the Intellectual Property, and nothing you do on or in relation to the Services and Site, or any of the related content will transfer any rights, in the Intellectual Property or otherwise, to you, or license to you any such rights unless expressly stated otherwise in these Terms. You agree not to do anything that interferes with or breaches our Intellectual Property rights. We own or are permitted or licensed to use all Intellectual Property in our Services or the Site. You may not use any of our Intellectual Property for any purpose other than as required for the lawful use of the Site or for the sole purpose of receiving the benefit of the Services. Subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar statutes in your location, you may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this Site; or put to commercial use any information, products or services obtained from any part of this Site, without our prior written consent (or the written permission of the author whom copyright is attributed). You must not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not use contact information provided on the Site for unauthorised purposes, including marketing. You must not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You must not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of propper Maintenance or propper, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You may access, copy, download and print the material contained on the Site or provided to you by us in connection with the Services for your personal and non-commercial use. You are not permitted to modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print in connection to the Services or the Site. All trademarks appearing on the Site are property of their respective owners, including, without limitation us. No right, license or interest to such trademarks is granted by these Terms. You must obtain our written permission to put a text link on any website you operate linking back to the Site. If we do provide our consent, we reserve the right to revoke such consent in which case you shall immediately remove and disable any and all of your links to the Site.
Nothing in these Terms limits, excludes or modifies the consumer guarantees provided under the Australian Consumer Law (as set out in set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any terms implied by applicable consumer protection laws or regulations, except where legally permitted to do so. The Services and Site are provided on an “as is” basis. Subject to any separate written agreement with you, we specifically disclaim any express or implied representation or warranty including any warranty of performance, merchantability or fitness or suitability for any particular purpose which, but for these terms, might apply in relation to your use of the Services or Site. We are not liable for any delays where there has been a delay in receiving information or where the information we have received is incomplete, false or inaccurate. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, including but not limited to loss of income, profits, interest, goodwill, data, contracts, use of money, loss of opportunity or any loss or damages arising from or in any way in respect of a breach of these Terms, whether in tort, statute, contract or otherwise. Without limiting anything in this clause 5, we exclude all liability for information provided to us by any party in relation to the Services. To the extent that our liability cannot be excluded by law and subject to any other agreement between us to the contrary, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited in aggregate to $100. To the extent permitted by law, our liability for breach of any warranty or condition (implied or otherwise) in connection with delivery of the Services by us which cannot be excluded is restricted to the re-supply of the relevant Services or at our option, a refund. Excluding liability for negligence, the maximum liability of propper Maintenance is equivalent to the total of any amounts you have paid to propper Maintenance in respect of the Services supplied to you by us.
6. Continuity of service of the Site
We aim to provide a service through our Site that is continually available and capable of use. We may however suspend access to the Site at any time and for any reason, including without cause. The most likely reasons why we might suspend access to the Site includes (but shall not be limited to): maintaining the Site or changing its features or functionality; breach of these Terms by you; faults, service outages or other technical problems; or a legal requirement. propper Maintenance makes no warranty, representation or promise as to the availability of the Services or Site, and you accept that propper Maintenance will not have any liability in connection with any suspension access to the Services or Site, regardless of the reason for suspension.
7. No advice
Nothing we do on this Site constitutes any form of specialist advice, whether legal, financial or otherwise. Information provided on the Site originates from sources believed to be accurate at the time of compilation. For example, while you may request a suburb report or investment property guide via our platform, you understand and accept that this information is of a general, unverified and historical nature only. It does not constitute professional advice to be relied upon by you, or any other person. By using the Services or the Site, you accept that any information provided on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the content of this Site at any time. You agree that it is your responsibility to monitor changes to the Site. You must seek your own independent professional advice where appropriate.
Payment of monies by you to us is due on the date for payment specified on the relevant invoice. If you do not pay monies owed by that date, propper Maintenance will contact you to request immediate payment. You may request an extension to the relevant payment date, which is in our sole discretion to grant. If you fail to pay the overdue amount within a reasonable timeframe, we may elect to:
- charge a late payment fee of $50.00; and
- accrue interest on the overdue amount at the rate of 2.5% per month, from the date the payment was due until the date payment is made;
- suspend, cancel or limit your access to the Services and Site;
- engage a debt collection agent to recover the money owed to us;
- institute legal proceedings against you to recover the total amount owed by you to us, including reimbursement of reasonably costs incurred in pursuing payment of amounts owed by you to us.
We are under no obligation to perform ongoing Services or to provide access to the Site. We may terminate these Terms at any time and suspend or refuse to provide any Services or access to the Site for any reason, without any notice to you, subject to any other agreement we have with you to the contrary. If termination, suspension or refusal occurs during the course of any Services being provided to you, we will notify you of any such termination, suspension or refusal.
ppropper Maintenance will use reasonable endeavours to mediate any complaint, concern or dispute concerning use of the Services or Site by you. You agree to resolve any disputes in relation to the Services or Site in accordance with the following process:
- We will review your concern, complain or dispute within one (1) business day of having received notice of it.
- We will contact you within three (3) business days to discuss steps taken to resolve the matter and obtain your feedback.
- If you are unsatisfied with the steps undertaken, the matter will be escalated to a manager for resolution. The manager will contact you within one (1) business day to resolve the matter.
11. Electronic Communication
Upon registration, you will be subscribed to propper Maintenance’s marketing email list. We may send you emails about marketing opportunities, promotions, reminders and contests. Such emails may include marketing information about propper Maintenance or selected business partners. If you wish to unsubscribe from our marketing email list, you may do so by sending an email to email@example.com. In addition, each email sent to you via our marketing email list will contain an unsubscribe link so that you can opt-out of that subscription.
The legal relationship between us and you is that of principal and independent contractor and not that of employer and employee, partnership or joint venture. Our obligations may be subcontracted in whole or part. Notices to you under these Terms will be sent to any email address you provide us. You will be treated as having received any email sent by us instantly upon its sending. You may only give notices to us (which must be in writing) by delivering them personally, or sending them by certified mail, to our registered office. If you no longer wish to be contacted by propper Maintenance regarding the Services or Site, you should notify us by sending an email to firstname.lastname@example.org. We will then use our best efforts to de-register your contact details within 21 working days of our receipt of your request, including where applicable unsubscribing you from any mailing lists. We may assign or novate any of our rights or obligations under these Terms without your consent. The Site may include links to third party sites which are not related to propper Maintenance and in relation to which propper Maintenance has no control or interest. The appearance of those links on this site does not indicate any relationship between propper Maintenance and that third party or any endorsement by propper Maintenance of that third party, its site or the products or services which it is advertising on the Site. You agree that if you choose to access links to third party sites via the Services and the Site, you do so at your own risk No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of the right. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force. These Terms must be construed and interpreted in accordance with the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts New South Wales. You must attempt to resolve any dispute under these Terms firstly by mediation with us, in good faith. These Terms will continue to apply even when you are not using the Site and even if your access to the Services or Site has been suspended or terminated. For clarity, any clause which by its nature is intended to survive the termination of the Services or use of our Site will continue in full force and effect after termination. If you have any questions about these Terms, please contact us at email@example.com or on 1300 622 751.